Appeal No. 1996-3281
Application 07/895,467
or suggestions of the inventor." Para-Ordnance Mfg. v. SGS
Importers Int’l, 73 F.3d at 1087, 37 USPQ2d at 1239, citing W.
L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d at 1551,
1553, 220 USPQ at 311, 312-13.
As pointed out above, Sekiya and Takenouchi do not
recognize a passed message transmission time as an error, both
treat such a situation by immediate transmission. Although
Takenouchi detects and reports various errors, they are of a
different nature than that of Appellant. Thus, the Examiner’s
reason to combine Sekiya and Takenouchi fails, and we will not
sustain the 35 U.S.C. § 103 rejection of claims 1 through 10,
16 through 25 and 31 through 33 as set forth by the Examiner.
NEW GROUND OF REJECTION
Pursuant to the provisions of 37 CFR § 1.196(b), we
hereby enter the following new rejection.
Claims 1, 16 and 33 are rejected under 35 U.S.C. § 103(a)
as being unpatentable over Sekiya in view of Takenouchi.
Sekiya teaches all the claimed limitations except for
8
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